George N Kimani & Co Advocates v Mbugua & another (Environment & Land Miscellaneous Case 34 of 2021) [2024] KEELC 3577 (KLR)
The bottom line
#Kenya's High Court moved an advocate's unpaid-fees bill to the Naivasha Environment and Land Court, confirming that where a case is heard matters for convenience and fairness.
What this practically means
#Executive summary
#Key legal issues
#Whether the advocate-client bill of costs miscellaneous file should be transferred from Nakuru to Naivasha
The application was allowed; the court found transfer convenient and in the interest of justice, particularly since the Environment and Land Court at Naivasha had been gazetted and operationalized.
The court applied Section 18(1) of the Civil Procedure Act and the criteria in Hangzhou Agrochemicals for transfer applications. It noted the original obstacle - lack of a High Court Land Deputy Registrar/tax master at Naivasha - had fallen away since the Environment and Land Court at Naivasha was gazetted and operationalized. Convenience and the interest of justice favoured transfer, with no prejudice to the respondents, who themselves conceded transfer could be limited to the pending taxation ruling.
Status of the Environment and Land Court relative to the High Court
The Environment and Land Court is equal in status to the High Court and is not a division of the High Court.
In correcting the administrative confusion that led to the bill of costs being lodged at Nakuru, the court emphasized that the Environment and Land Court is a superior court of equal status with the High Court, not subordinate to it. This underpinned the order placing the file before the Deputy Registrar of the Environment and Land Court at Naivasha for directions and/or taxation rather than before a High Court Deputy Registrar.
Legal principles established
#- In an application to transfer a suit the court considers the motive and character of the proceedings, the nature of the relief sought, the interest of the litigants, convenience of administration of justice, expense, balance of convenience, interests of justice and possibility of undue hardship; if in doubt, the application must be refused.
- The Environment and Land Court is a court of equal status to the High Court and not a division of the High Court.
- Under Article 165(6) and (7) the High Court may refer matters between High Court stations for administrative directions by the Deputy Registrar.
Court orders
#- 1.ELC Misc. Application No. 34 of 2021 dated 3rd June, 2021 is transferred to the Environment and Land Court sitting at Naivasha
- 2.ELC Misc. Application No. 34 of 2021 shall be placed before the Deputy Registrar, Naivasha Environment and Land Court for directions and/or taxation as circumstances demand
- 3.Each party shall bear own costs in respect of the application
- Jurisdiction invoked
- Sections 3, 3A and 18(1) of the Civil Procedure Act; Section 48 of the Advocates Act; Article 165 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George N Kimani & Co Advocates v Mbugua & another (Environment & Land Miscellaneous Case 34 of 2021) [2024] KEELC 3577 (KLR)", Case Analysis (2024). ELC Misc. Application No. 34 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3577/eng@2024-04-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.